Mazari, Chattha approach IHC against sentences in security breach case

Imaan Mazari, a lawyer and human rights advocate, together with her husband Hadi Ali Chattha, have turned to the Islamabad High Court (IHC) to challenge their convictions in a security breach case. On Friday, the couple submitted separate applications requesting the suspension of their sentences handed down by an Anti-Terrorism Court (ATC) in Rawalpindi.

Their legal team, comprising Faisal Siddiqui, Riasat Ali Azad, and Zainab Janjua, argued that the trial court had failed to provide a fair trial, citing numerous judicial precedents that demonstrate the lack of a fair trial and the unfairness of the proceedings. The duo asserted that the trial was akin to a secret trial, conducted without the necessary safeguards, and that the court did not adhere to the constitutional requirements set forth in Article 10.

Moreover, they argued that the charge was brought without the provision of copies under Section 265-C of the CrPC, a plea of "not guilty" was recorded despite the appellants not expressing guilt, and the prosecution evidence was presented in their absence, without their counsel, which is against Section 353 of the CrPC and Article 10-A of the Constitution.

The appeal also questioned the nature of the jail trial, contending that it was carried out secretly and without lawful authority, and that the appellants were denied the opportunity for a private consultation with their counsel. The legal team further argued that the state imposed counsel on the appellants against their wishes and that the trial court proceeded with the case even though a transfer application was pending before the High Court, in violation of Section 526(8) of the CrPC.

On the merits, the appeal contended that the conviction under Section 7 of the ATA was invalid because the prosecution had not proven the necessary design or purpose required under Section 6 of the ATA. The petitioners asked for the judgment to be set aside and for their acquittal.